[Federal Register Volume 72, Number 67 (Monday, April 9, 2007)]
[Notices]
[Pages 17578-17580]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6600]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. AGOA-07]


Commercial Availability of Fabric and Yarns in AGOA Countries

AGENCY: United States International Trade Commission.

ACTION: Institution of investigation and scheduling of hearing.

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SUMMARY: Following enactment of legislation that amends the African 
Growth and Opportunity Act (AGOA) to provide for certain determinations 
by the Commission, the Commission has instituted investigation No. 
AGOA-07, Commercial Availability of Fabric and Yarns in AGOA Countries, 
for the purpose of gathering information and making the determinations 
required through September 30, 2007, with respect to the denim articles 
identified in the statute.

DATES: April 2, 2007: Institution of investigation.
    May 22, 2007: Deadline for filing requests to appear at the 
hearing.
    May 24, 2007: Deadline for filing pre-hearing briefs and 
statements.
    June 5, 2007: Public hearing.
    June 19, 2007: Deadline for filing post-hearing briefs and 
statements.
    August 3, 2007: Deadline for filing all written submissions.
    August 24, 2007: Deadline for filing supplemental written 
submissions.
    September 25, 2007: Transmittal of Commission report to the 
President.

ADDRESSES: All Commission offices, including the Commission's hearing 
rooms, are located in the United States International Trade Commission

[[Page 17579]]

Building, 500 E Street SW., Washington, DC. All written submissions, 
including requests to appear at the hearing, statements, and briefs, 
should be addressed to the Secretary, United States International Trade 
Commission, 500 E Street SW., Washington, DC 20436. The public record 
for this investigation may be viewed on the Commission's electronic 
docket (EDIS) at http://edis.usitc.gov.

FOR FURTHER INFORMATION CONTACT: Information specific to this 
investigation may be obtained from Linda Linkins, Project Leader (202-
205-3231; <a href="/cdn-cgi/l/email-protection#95f9fcfbf1f4bbf9fcfbfefcfbe6d5e0e6fce1f6bbf2fae3"><span class="__cf_email__" data-cfemail="036f6a6d67622d6f6a6d686a6d704376706a77602d646c75">[email protected]</span></a>), Office of Operations, United States 
International Trade Commission, Washington, DC, 20436 or Jackie Jones, 
Co-Project Leader (202-205-3466; <a href="/cdn-cgi/l/email-protection#5f353e3c34363a713530313a2c1f2a2c362b3c71383029"><span class="__cf_email__" data-cfemail="cea4afada5a7abe0a4a1a0abbd8ebbbda7baade0a9a1b8">[email protected]</span></a>), Office of 
Industries. For information on the legal aspects of this investigation, 
contact William Gearhart of the Office of the General Counsel (202-205-
3091; <a href="/cdn-cgi/l/email-protection#62150b0e0e0b030f4c050703100a0310162217110b16014c050d14"><span class="__cf_email__" data-cfemail="26514f4a4a4f474b08414347544e4754526653554f524508414950">[email protected]</span></a>). General information concerning the 
Commission may also be obtained by accessing its Internet server 
(http://www.usitc.gov). Hearing-impaired individuals may obtain 
information on this matter by contacting the Commission's TDD terminal 
on (202) 205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000.

BACKGROUND AND SUPPLEMENTARY INFORMATION: On December 20, 2006, the 
President signed into law amendments to section 112 of the African 
Growth and Opportunity Act (19 U.S.C. 3721) (AGOA), included in Public 
Law 109-432, that require the Commission to make certain determinations 
relating to the commercial availability of regional fabric or yarn for 
use in lesser developed beneficiary sub-Saharan African countries. 
Specifically, section 112(c)(2)(A) of the AGOA (as amended) requires 
the Commission, upon receipt of a petition (properly filed), to 
determine whether a fabric or yarn produced in beneficiary sub-Saharan 
African countries is available in commercial quantities for use by 
lesser developed beneficiary sub-Saharan African countries. If the 
Commission makes an affirmative determination, section 112(c)(2)(B)(i) 
requires that the Commission determine the quantity of the fabric or 
yarn that will be so available in lesser developed beneficiary sub-
Saharan African countries in the applicable 1-year period (October 1-
September 30) after the determination is made.
    Thereafter, in each case in which the Commission determines that a 
fabric or yarn is available in commercial quantities for an applicable 
1-year period, section 112(c)(2)(B)(ii) requires that the Commission 
determine, before the end of that applicable 1-year period, whether the 
fabric or yarn produced in beneficiary sub-Saharan African countries 
will be available in commercial quantities in the succeeding applicable 
1-year period, and if so, the quantity of the fabric or yarn that will 
be so available in the succeeding 1-year period, subject to section 
112(c)(2)(B)(iii). After the end of each applicable 1-year period for 
which such a determination under section 112(c)(2)(B)(i) is in effect, 
the Commission must make the determination required by section 
112(c)(2)(B)(iii) with respect to the quantity of fabric or yarn used 
in the production of apparel articles receiving preferential treatment 
under section 112(c)(1) that was entered in the applicable 1-year 
period and, to the extent that the quantity so determined was not so 
used, add to the quantity of that fabric or yarn determined to be 
available in the next applicable 1-year period the quantity not so used 
in the preceding 1-year period.
    Section 112(c)(2)(C) of AGOA states that denim articles provided 
for in subheading 5209.42.00 of the Harmonized Tariff Schedule of the 
United States shall be deemed to be available in commercial quantities 
and specifies the quantity available for the 1-year period beginning 
October 1, 2006. Accordingly, pursuant to section 112(c)(2)(B)(ii), the 
Commission must determine before September 30, 2007, whether such denim 
articles produced in beneficiary sub-Saharan African countries will be 
available in commercial quantities in the succeeding 1-year period and, 
if so, the quantity that will be so available in that succeeding 1-year 
period, subject to clause (iii).
    On February 27, 2007, the Commission published an interim rule in 
the Federal Register, that became effective upon publication (72 FR 
8624), describing the procedures it will follow in making 
determinations in response to petitions received and accepted from 
interested parties under section 112(c)(2)(A) of AGOA. The interim rule 
also describes the information that must be included in a petition if 
it is to be accepted by the Commission. The Commission indicated that 
it will make its determinations under section 112(c)(2)(A) by September 
25, 2007, with respect to petitions received on or before March 28, 
2007, and accepted on or before April 11, 2007, and, for any such 
determinations that are in the affirmative, it will make its 
determinations with respect to the quantity available in fiscal 2008 
(October 1, 2007-September 30, 2008) by September 25, 2007.
    For docketing and other purposes, the Commission's proceedings and 
actions with respect to denim articles have been designated as 
investigation No. AGOA-07-001. No petitions were filed on or before 
March 28, 2007.
    Public Hearing: A public hearing in connection with this 
investigation will be held at the U.S. International Trade Commission 
Building, 500 E Street SW., Washington, DC beginning at 9:30 a.m. on 
June 5, 2007. Requests to appear at the public hearing should be filed 
with the Secretary, no later than 5:15 p.m., May 22, 2007, in 
accordance with the requirements in the ``Submissions'' section below. 
In the event that, as of the close of business on May 22, 2007, no 
witnesses are scheduled to appear at the hearing, the hearing will be 
canceled. Any person interested in attending the hearing as an observer 
or non-participant may call the Secretary (202-205-2000) after May 22, 
2007, to determine whether the hearing will be held.
    Statements and Briefs: In lieu of or in addition to participating 
in the hearing, parties and non-parties are invited to submit written 
statements or briefs concerning the investigation in accordance with 
the requirements in the ``Submissions'' section below. Any prehearing 
briefs or statements should be filed not later than 5:15 p.m., May 24, 
2007; the deadline for filing post-hearing briefs or statements is 5:15 
p.m., June 19, 2007. To be assured of consideration by the Commission, 
written statements relating to the Commission's report should be 
submitted to the Commission at the earliest practical date and must be 
received no later than the close of business on August 3, 2007. Any 
parties and non-parties who filed timely submissions may file 
supplemental submissions. Such supplemental submissions must be filed 
no later than the close of business on August 24, 2007, and the 
information contained therein shall be limited to information not 
available at the time of the August 3 submission.
    Submissions: All written submissions including requests to appear 
at the hearing, statements, and briefs should be addressed to the 
Secretary, United States International Trade Commission, 500 E Street 
SW., Washington, DC 20436. All written submissions must conform with 
Sec.  201.8 of the Commission's Rules of Practice and Procedure (19 CFR 
201.8). Section 201.8

[[Page 17580]]

of the rules requires that a signed original (or copy designated as an 
original) and fourteen (14) copies of each document be filed. In the 
event that confidential treatment of the document is requested, at 
least four (4) additional copies must be filed, in which the 
confidential business information must be deleted (see the following 
paragraph for further information regarding confidential business 
information). The Commission's rules do not authorize the filing of 
submissions with the Secretary by facsimile or electronic means, except 
to the extent permitted by section 201.8 of the rules (see Handbook for 
Electronic Filing Procedures, http://www.usitc.gov/secretary/fed_reg_notices/rules/documents/handbook_on_electronic_filing.pdf). Persons 
with questions regarding electronic filing should contact the Secretary 
(202-205-2000 or <a href="/cdn-cgi/l/email-protection#6a0f0e03192a1f19031e09440d051c"><span class="__cf_email__" data-cfemail="c1a4a5a8b281b4b2a8b5a2efa6aeb7">[email protected]</span></a>).
    Any submissions that contain confidential business information must 
also conform with the requirements of section 201.6 of the Commission's 
Rules of Practice and Procedure (19 CFR 201.6). Section 201.6 of the 
rules requires that the cover of the document and the individual pages 
be clearly marked as to whether they are the ``confidential'' or 
``nonconfidential'' version, and that the confidential business 
information be clearly identified by means of brackets. All written 
submissions, except for confidential business information, will be made 
available in the Office of the Secretary for inspection by interested 
parties.
    The Commission may include some or all of the confidential business 
information submitted in the course of this investigation in the report 
it sends to the President. After transmitting its report, the 
Commission intends to publish a public version of its report, with any 
confidential business information deleted. Any confidential business 
information received by the Commission in this investigation and used 
in preparing the report will not be published in the public version of 
the report in a manner that would reveal the operations of the firm 
supplying the information.

    Issued: April 3, 2007.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
 [FR Doc. E7-6600 Filed 4-6-07; 8:45 am]
BILLING CODE 7020-02-P


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